Audette et al v. Housing Urban Development et al
Filing
11
ORDER denying 2 Motion for Exception to Section 8 HUD Housing Choice Voucher Program; denying as moot 3 Motion to Appoint Counsel ; adopting 7 Report and Recommendations; finding as moot 9 Motion for Extension of Time to File Response. So Ordered by Chief Judge William E. Smith on 5/31/2017. (Jackson, Ryan)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
________________________________________
)
)
)
Plaintiffs,
)
)
v.
)
)
TIVERTON HOUSING AUTHORITY, et al.,
)
)
Defendants.
)
________________________________________)
RICHARD W. AUDETTE, et al.,
C.A. No. 17-133 S
ORDER
WILLIAM E. SMITH, Chief Judge.
Before the Court is pro se Plaintiffs’ Motion for Exception
to Section 8 HUD Housing Choice Voucher Program (ECF No. 2) and
Motion
to
Appoint
Counsel
(ECF
No.
3).
These
matters
were
referred to Magistrate Judge Lincoln D. Almond for report and
recommendation. Pursuant to 28 U.S.C. § 1915(e)(2), Magistrate
Judge Almond reviewed Plaintiffs’ complaint and recommends that
the
case
be
dismissed
because,
among
other
reasons,
it
is
“frivolous” and “fails to state a claim on which relief may be
granted.”
(R&R
1,
ECF
No.
7
(quoting
28
U.S.C.
§
1915(e)(2)(b)).)
Plaintiffs
objected
to
the
Report
and
Recommendation.
(Pl.’s Obj., ECF No. 10.) However, not only was the Objection
untimely, but it also contains no substantive argument. Instead,
the Objection contains a request that this Court “compel Mr.
Almond to prove beyond a reasonable doubt that we have committed
frivolous
acts”
and
“malicious
acts.”
(Id.)
Beyond
the
insufficiency of this Objection, the Court has also reviewed the
substance
636(b)(1)
of
Plaintiffs’
and
concurs
Complaint
with
pursuant
to
Magistrate
28
Judge
U.S.C.
§
Almond’s
recommendation.
The
Report
ACCEPTED.
Housing
and
Plaintiffs’
Choice
Recommendation
Motion
Voucher
for
Program
(ECF
No.
Exception
(ECF
No.
7)
to
2)
is
therefore
Section
is
8
HUD
DENIED
and
Plaintiffs’ Motion to Appoint Counsel (ECF No. 3) is DENIED AS
MOOT. Judgment will enter for Defendants.
IT IS SO ORDERED.
William E. Smith
Chief United States District Judge
for the District of Rhode Island
Date: May 31, 2017
2
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